Kathie J. Smee, f.k.a. Kathie J. Zavitz - Page 2

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          respondent's Motion for Entry of Decision.  By notice of                    
          deficiency dated August 8, 1989, respondent determined                      
          deficiencies in Federal income taxes, additions to tax, and                 
          additional interest as to petitioner and her former husband Keith           
          A. Zavitz as follows:                                                       
                    Additions to Tax             Additional Interest                  
          Sec.      Sec.        Sec.     Sec.         Sec.                            
          Year  Deficiency  6653(a)  6653(a)(1)  6653(a)(2)  6659        6621(c)      
          1979     $878       $44        n/a        n/a      -0-          n/a         
          1980    2,919       146        n/a        n/a      $846           2         
          1981    1,392       n/a        $70         1         418           2        
                                                                                     
          1  50 percent of the interest due on the deficiency.                        
          2  120 percent of the interest accruing after Dec. 31, 1984, under sec.     
          6601 with respect to any substantial underpayment attributable to tax-      
          motivated transactions.                                                     
               The underlying issue in this case arose from investment tax            
          credit carrybacks claimed by petitioner and Mr. Zavitz related to           
          their investment in the CPG Record Partnership.  CPG Record                 
          Partnership leased a master recording from Encore Leasing Corp.             
          Respondent mailed a notice of deficiency to them on August 8,               
          1989.  Petitioner and Mr. Zavitz mailed a petition for                      
          redetermination on November 6, 1989, which was filed with the Tax           
          Court on November 13, 1989, to begin a case at docket No. 27416-            
          89.  At the time their petition was filed, they resided in                  
          California.  By Order dated July 29, 1997, the Court severed                
          petitioner from that case for purposes of considering                       
          respondent’s motion for entry of decision.                                  







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